BILL NUMBER: AB 168	CHAPTERED  09/01/99

	CHAPTER   278
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 1999
	APPROVED BY GOVERNOR   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	PASSED THE SENATE   AUGUST 19, 1999
	AMENDED IN SENATE   JULY 15, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Ackerman

                        JANUARY 15, 1999

   An act to add and repeal Section 99315.5 of the Public Utilities
Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 168, Ackerman.  Transportation:  funding:  Orange County.
   Existing law apportions funds to each county from the Highway
Users Tax Account in the State Transportation Fund for county road
projects.
   However, with regard to Orange County, $1,916,667 is apportioned
during each calendar month commencing with July 1, 1997, and ending
June 30, 2013, to the Orange County Transportation Authority instead
of the county, with the remaining apportionments paid to the county.

   This bill would authorize the authority to participate in a
funding exchange program whereby the authority would exchange with
the Department of Transportation funds apportioned and paid to the
authority as specified above for certain state funds appropriated to
the department.  The bill would impose certain conditions upon the
exchange of funds.
   The bill would provide that its provisions shall become
inoperative on June 30, 2003, and would be repealed on January 1,
2004, unless a later enacted statute deletes or extends those
inoperative and repeal dates.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature intends the funding exchange program
authorized under this act to accomplish both of the following:
   (a) Enable the Orange County Transportation Authority to continue
operating bus and paratransit services at existing levels and thus
comply with the legislative intent expressed in subdivision (d) of
Section 29530.5 of the Government Code.
   (b) Reduce the need, generated under the funding diversion process
established pursuant to Section 29530.5 of the Government Code, for
filings with the Controller by the authority's local funding exchange
partners.
  SEC. 2.  Section 99315.5 is added to the Public Utilities Code, to
read:
   99315.5.  (a) Pursuant to an agreement between the board of
directors of the Orange County Transportation Authority and the
department, the authority, acting as the board of directors of the
Orange County Transit District, may exchange with the department
funds apportioned and paid to the authority under paragraph (1) of
subdivision (a) of Section 2128 of the Streets and Highways Code for
state funds appropriated to the department under subdivision (c) of
Section 99315, as follows:
   (1) The authority shall notify the director on or before March 1
of its desire to participate during the subsequent fiscal year in the
funding exchange program authorized under this section.
   (2) Upon receipt of the notice required under paragraph (1), the
director shall determine whether any of the funds to be appropriated
to the department under subdivision (c) of Section 99315 will be
available for the exchange and, on or before April 1, shall report to
the Legislature and the Governor on all of the following:
   (A) The amount that will be available for exchange.
   (B) The state programs proposed to be funded during the following
fiscal year with funds appropriated to the department under
subdivision (c) of Section 99315, and the amounts proposed for each
of those programs.
   (C) The impacts of the proposed transfer of funds on each of those
programs.
   (3) Based upon the information provided under paragraph (2), the
Legislature shall determine the portion of the department's
appropriation under subdivision (c) of Section 99315 that may be
allocated and transferred to the authority for the purposes of this
section and shall designate that amount in the Budget Act.
   (4) Upon receiving the appropriation under subdivision (c) of
Section 99315, the department shall allocate and transfer to the
authority from that appropriation the amount designated for that
purpose under paragraph (3).
   (5) Upon receiving the funds transferred under paragraph (4) and
the apportionment under paragraph (1) of subdivision (a) of Section
2128 of the Streets and Highways Code, the authority shall transfer
to the department from that payment an amount equal to the amount
received under paragraph (4).
   (b) (1) Nothing in this section affects the allocations under
Sections 99313, 99314, and 99315.
   (2) The department may not reduce any request for appropriation
for any program funded under Section 99313, 99314, or 99315, except
for programs funded under subdivision (c) of Section 99315, as a
result of participating in the funding exchange program authorized
under this section.
   (c) The department shall expend the funds received from the
authority under paragraph (5) of subdivision (a) exclusively for
programs and projects funded from the Public Transportation Account
in the State Transportation Fund, to the extent that the expenditure
is authorized under Article XIX of the California Constitution.
   (d) Funds received by the authority under paragraph (4) of
subdivision (a) shall be used only for the purposes authorized under
this article and are subject to all of the provisions of law
applicable to funds allocated under Sections 99313 and 99314.
   (e) This section shall become inoperative on June 30, 2003, and as
of January 1, 2004, is repealed, unless a later enacted statute that
becomes operative on or before January 1, 2004, deletes or extends
the dates on which it becomes inoperative and is repealed.
